§484. Standards for development

1.Financial capacity and technical ability.
The developer has the financial capacity and technical ability to develop the project
in a manner consistent with state environmental standards and with the provisions
of this article. The commissioner may issue a permit under this article that conditions
any site alterations upon a developer providing the commissioner with evidence that
the developer has been granted a line of credit or a loan by a financial institution
authorized to do business in the State as defined in Title 9-B, section 131, subsection 17-A or with evidence of any
other form of financial assurance the board determines by rule to be adequate.

[
2009, c. 293, §1 (AMD)
.]

2.Traffic movement.

[
1999, c. 468, §9 (RP)
.]

3.No adverse effect on the natural environment.
The developer has made adequate provision for fitting the development harmoniously
into the existing natural environment and that the development will not adversely
affect existing uses, scenic character, air quality, water quality or other natural
resources in the municipality or in neighboring municipalities.

A. In making a determination under this subsection, the department may consider the effect
of noise from a commercial or industrial development. Noise from a residential development
approved under this article may not be regulated under this subsection, and noise
generated between the hours of 7 a.m. and 7 p.m. or during daylight hours, whichever
is longer, by construction of a development approved under this article may not be
regulated under this subsection. [1993, c. 383, §21 (NEW); 1993, c. 383, §42 (AFF).]

B. In determining whether a developer has made adequate provision for the control of
noise generated by a commercial or industrial development, the department shall consider
board rules relating to noise and the quantifiable noise standards of the municipality
in which the development is located and of any municipality that may be affected by
the noise. [1993, c. 383, §21 (NEW); 1993, c. 383, §42 (AFF).]

C. Nothing in this subsection may be construed to prohibit a municipality from adopting
noise regulations stricter than those adopted by the board. [1993, c. 383, §21 (NEW); 1993, c. 383, §42 (AFF).]

D. [1995, c. 700, §6 (RP).]

E. [1995, c. 700, §6 (RP).]

F. In making a determination under this subsection regarding a structure to facilitate
withdrawal of groundwater, the department shall consider the effects of the proposed
withdrawal on waters of the State, as defined by section 361-A, subsection 7; water-related
natural resources; and existing uses, including, but not limited to, public or private
wells, within the anticipated zone of contribution to the withdrawal. In making findings
under this paragraph, the department shall consider both the direct effects of the
proposed water withdrawal and its effects in combination with existing water withdrawals. [2005, c. 452, Pt. A, §3 (NEW).]

G. In making a determination under this subsection regarding an expedited wind energy
development, as defined in Title 35-A, section 3451, subsection 4, or an offshore wind power project with an aggregate generating capacity of 3 megawatts
or more, the department shall consider the development's or project's effects on scenic character and existing uses related to scenic character in accordance
with Title 35-A, section 3452. [2009, c. 615, Pt. E, §17 (AMD).]

H. In making a determination under this subsection regarding a development's effects
on significant vernal pool habitat, the department shall apply the same standards
applied to significant vernal pool habitat under rules adopted pursuant to the Natural
Resources Protection Act. The department may not require a buffer strip adjacent
to significant vernal pool habitat unless the buffer strip is established for another
protected natural resource as defined in section 480-B, subsection 8. [2011, c. 359, §3 (NEW).]

[
2011, c. 359, §3 (AMD)
.]

4.Soil types.
The proposed development will be built on soil types that are suitable to the nature
of the undertaking.

[
1995, c. 704, Pt. A, §10 (AMD);
1997, c. 603, §§8, 9 (AFF)
.]

4-A.Storm water management and erosion and sedimentation control.
The proposed development meets the standards for storm water management in section 420-D and the standard
for erosion and sedimentation control in section 420-C. If exempt under section 420-D, subsection 7, a proposed development must satisfy
the applicable storm water quantity standard and, if the development is located in
the direct watershed of a lake included in the list adopted pursuant to section 420-D,
subsection 3, any applicable storm water quality standards adopted pursuant to section
420-D. For redevelopment projects only, the standards for storm water management
in section 420-D are met if the proposed development is located in a designated area
served by a department-approved management system for storm water as described in
section 420-D, subsection 2, as long as the owner or operator of the parcel upon which
the proposed development will be located enters into or obtains and remains in compliance
with all agreements, permits and approvals necessary for the proposed development
to be served by such management system for storm water.

[
2011, c. 653, §18 (AMD);
2011, c. 653, §33 (AFF)
.]

5.Ground water.
The proposed development will not pose an unreasonable risk that a discharge to
a significant ground water aquifer will occur.

[
1987, c. 812, §§10, 18 (RPR)
.]

6.Infrastructure.
The developer has made adequate provision of utilities, including water supplies,
sewerage facilities and solid waste disposal, required for the development, and the
development will not have an unreasonable adverse effect on the existing or proposed
utilities in the municipality or area served by those services.

[
1999, c. 468, §10 (AMD)
.]

7.Flooding.
The activity will not unreasonably cause or increase the flooding of the alteration
area or adjacent properties nor create an unreasonable flood hazard to any structure.

[
1987, c. 812, §§10, 18 (NEW)
.]

8.Sand supply.

[
1993, c. 383, §42 (AFF);
1993, c. 383, §23 (RP)
.]

9.Blasting.
Blasting will be conducted in accordance with the standards in section 490-Z, subsection
14 unless otherwise approved by the department.

[
2007, c. 297, §2 (NEW)
.]

10.Special provisions; wind energy development or offshore wind power project.
In the case of a grid-scale wind energy development, or an offshore wind power project
with an aggregate generating capacity of 3 megawatts or more, the proposed generating
facilities, as defined in Title 35-A, section 3451, subsection 5:

B. Will be constructed with setbacks adequate to protect public safety. In making a
finding pursuant to this paragraph, the department shall consider the recommendation
of a professional, licensed civil engineer as well as any applicable setback recommended
by a manufacturer of the generating facilities; and [2007, c. 661, Pt. B, §12 (NEW).]

C. Will provide significant tangible benefits as determined pursuant to Title 35-A, section
3454, if the development is an expedited wind energy development. [2007, c. 661, Pt. B, §12 (NEW).]

The Department of Labor, the Governor's Office of Policy and Management, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by
the primary siting authority.

For purposes of this subsection, "grid-scale wind energy development," "primary siting
authority," "significant tangible benefits" and "expedited wind energy development"
have the same meanings as in Title 35-A, section 3451.